He thought he was doing the deal of the century for a few hours. On Wednesday, a resident of Marchienne-au-Pont (Belgium) bought a PlayStation 5 for the price of 69 euros on the Fnac website, revealed RTL news. A display error on the part of the brand, which canceled its customer’s order in the hours that followed.
If the law is in favor of the consumer when the price of an item on the shelf is not the right one and differs from that which the brand wanted to display, the Consumer Code French is much more complex than that. Although this can be considered a deceptive commercial practice, and the seller must sell the product at the most advantageous price for the customer (article L133-2 of the Consumer Code), there are certain exceptions aimed at protecting the seller.
First of all, the seller is not required to sell the item at the displayed price if the consumer’s attitude is deemed “dishonest.” For example, in the case of purchasing a TV at the price of 199 euros if its real value is 1,999 euros, because the difference is so significant that the consumer cannot ignore that there is an error.
A seller cannot sell at a loss
In addition, a seller does not have the right to sell at a loss, outside of sales periods. The law of July 2, 1963 prohibits the resale of a product as is at a price lower than its purchase price under penalty of a fine. In January 2018, Intermarché paid the price after having offered discounts of 70% on consumer products such as jars of Nutellaand had to pay a fine of 375,000 euros to the State.
Clearly, when the error is obvious and the price becomes derisory, the seller is protected. In 2020, the Casino brand had mistakenly displayed 140 cm flat screens at 30.99 euros instead of 439.99 euros. Faced with this problem, management instructed the cashiers to explain that it was an error and to ask for the normal price, which many customers, especially some who had eight televisions in their cart, did not want. not hear. The police then had to intervene.
On the other hand, if the in-store price error is consistent with the value of the product, the buyer is entitled to apply article L133-2 of the Consumer Code, and to obtain the product at the displayed price. despite the sign’s error.